Insulting the president is not a crime

This week a student at the University of Cape Town was arrested and detained in police cells for ‘insulting the president' while a member of the opposition was thrown out of Parliament for doing the same. Both of these incidents are welcome, and the extensive media coverage they have received even more so, in that they might alert many complacent South Africans to the culture of political impunity and intolerance taking root in Government and the ANC.

Last week this column warned against the police playing a partisan political role on behalf of the ANC. This came after allegations that the police had beaten and tortured the families of community activists who had participated in protest action against the Government in Balfour in Mpumalanga. 

This week we sound a similar note of caution.

Media reports indicate that a student at the University of Cape Town made some gesture at a passing police convoy containing President Zuma. The student, a Mr Chumani Maxwele, was apparently jogging when the convoy passed him. The police allege that he gestured at the convoy in what they thought was a rude way and they therefore arrested him. He was charged with crimen injuria and detained at various police stations before being released 24 hours later.

There are a number of concerns arising from the police's behaviour. The first is pointed out by Professor Richard Calland of the University of Cape Town in The Star where he says that it is a short step from this type of behaviour to outlawing legitimate protest action against the State. This column might go a step further and say that the behaviour of the police in Balfour last week suggests that this may already be happening.

The second concern is related to the first and follows allegations by Mr Maxwele that the police placed a bag over his head and interrogated him about his political affiliations. He was reportedly forced to name the head of the local African National Congress (ANC) branch and give details on his friends and associates. This is an early hint to the fact that there are elements within the South African Police Service who are beginning to assume a partisan political character in executing their duties. Mr Maxwele is reported to be a member of the ANC but the incident leaves one to wonder what the police may have done if Mr Maxwele was found to have ties with another political party.       

The third concern is one for the ANC to ponder. If more incidents like this one are allowed to take place South African citizens will increasingly fear the approach of the blue-light convoys of black BMWs that ferry political leaders around South Africa. Many already fear these convoys, which have been known to open fire on innocent civilians who get in their way. What does it say to the ANC that many South Africans now live in physical fear of running into the country's political leaders? It is a phenomenon far removed from the confident embrace that greeted so many of these same leaders on their return from exile or release from prison during the early 1990s.   

The fourth concern is that when a private citizen is arrested for ‘insulting the president', which is in effect what Mr Maxwele was charged with, the Government and the ANC take one step closer to assuming the comical status of the typical African tin-pot dictatorship. Mr John Scott writing on IOL.co.za gets this sentiment spot on with his list of things to do when a presidential convoy passes by. He writes:

"The incident has shown how careful we must all be when presidential convoys drive past. Watch your gestures like a hawk. Don't even stick up your finger to see if it's raining. The VIP police are ever-vigilant to see which finger is being raised, aware that one of their chief functions is to protect the president from the wrong finger. Now for the good news. There are still things you are allowed to do when the president's blue-light brigade roars past you, all sirens going. You can wave enthusiastic greetings, you can doff your forelock, you can hold up both hands in surrender, you can give a Hitler salute (the Fuhrer never complained), or you can simply bow, scrape and otherwise demonstrate your abject respect."

Stories of the behaviour of African leaders north of the Limpopo are legion in this respect in how they clear major roadways of civilian traffic for their presidents' motorcades to pass by unhindered. They are equally well known for arresting and intimidating civilians who get in their way. Many of these quasi-democracies have even passed laws that make it a crime to ‘impinge' upon the dignity of the president.

Apologists for the government and the ANC may say that this was a once-off mistake by some over-eager policemen. What then to make of the fact the speaker of Parliament this week ordered an opposition MP out of the house for suggesting that the president was leading the country into lawlessness? The speaker refused to hear any points of order on her ruling and the two largest opposition parties walked out of Parliament in solidarity with their expelled colleague. 

When the police are arresting people for insulting the president and the speaker of Parliament is throwing members out of the house for doing the same then the country is in a sorry state. South Africa's standing as free and open society has never been guaranteed and remaining free and open will require much vigilance. It remains to be seen though whether this vigilance, practised by the media, the political opposition, and a small group of civil society organisations, will be sufficient to arrest our slide down the slope to joining Africa's quasi-democracies where abuses of political power are par for the course.

Follow the link here to vote on what to do if you see a political blue-light convoy approach. We will publish the results in a future article.

Frans Cronje is deputy CEO of the South African Institute of Race Relations. This article first appeared in SAIRR Today, the Institute's weekly online newsletter.

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responses to this article

finger power Great photo in the Argus today of a large group of UCT students protesting by giving the finger ... by Sad Days on February 19 2010, 16:58 Find this comment inappropriate? Report it

My Middle Finger To the Presidential Convey, the VIP Protection Unit and all politicians in South Africa. Equality before the law means exactly that. You serve us. We do not not serve you. by Carl Wille on February 19 2010, 23:10 Find this comment inappropriate? Report it

Tyrants Rule Book 101 The ANC are excellent "apes of success" by other Dictatorships. How to bully and torture tactics proven in the field. (For SPOOKS - " " (commas) mean that I do NOT that mean ANC are "apes" in case you misunderstand the semantics.) by CYNIC on February 20 2010, 07:56 Find this comment inappropriate? Report it

NONSENSE MR. CRONJE..THE ANC LOVES A POLITICAL JOKE OR TWO! That's why they keep putting them into the cabinet!! by ER on February 22 2010, 06:42 Find this comment inappropriate? Report it

what do you expect from a bunch of porch monkeys? their little egos are all they have - that with their rank incompetence and stupidity, that is by koos on February 22 2010, 07:00 Find this comment inappropriate? Report it

politicsweb is not without blame too. A number of times I criticised in this forum Sir Shagger-Zulu, the Chinese ambassador in South Africa, criminal police behaviour on several occasions, the dictatorial communist/capitalist leadership of South Africans in government and private sector . .more ignoring all social and ethic standards. A few minutes after my comment was submitted, MY COMMENT JUST DISAPPEARED even after submitting a second and third time. I do have the impression the South Africans are too touchy to be exposed on valuable criticism. . .less by fc on February 22 2010, 07:18 Find this comment inappropriate? Report it

Hypocrites are everywhere. The second time I post this following comment. A number of times I criticised in this forum Sir Shagger-Zulu, the Chinese ambassador in South Africa, criminal police behaviour on several occasions, the dictatorial communist/capitalist leadership of South Africans in government and private sector . .more ignoring all social and ethic standards. A few minutes after my comment was submitted, MY COMMENT JUST DISAPPEARED even after submitting a second and third time. I do have the impression the South Africans are too touchy to be exposed on valuable criticism. . .less by fc on February 22 2010, 07:42 Find this comment inappropriate? Report it

Criminals are running amok because ex-terrorists have no interest in maintaining law and order. Zuma will probably accept any bribe from criminals. by WT on February 22 2010, 07:55 Find this comment inappropriate? Report it

@fc Chill, my friend. You are not that important. Your comments are not that important. Nobody actually cares. What you describe reflects Moneyweb's C***** comment system that sometimes takes several minutes for comments to actually appear on the . .more site. Occam's Razor. . .less by Clear Thought on February 22 2010, 07:58 Find this comment inappropriate? Report it

Bitter joke There is joke from the old socialist block about the peasant who was heard to say that "the president is an idiot". He was duly tried and got a life sentence for revealing a state secret. The ANC demonstrates that truth can be stranger . .more (funnier?, since I am not Mr Maxwele, the indiscrete UCT student) than fiction. Or is it a case of Marx's dictum that "history repeats itself, the first time as tragedy, the second time as farce" (and what can be more farcical than Mr Maxwele being a loyal ANC member getting the ANC treatment?). BTW: the Marx being quoted is Karl; Groucho was never *that* funny. . .less by Theseus on February 22 2010, 09:30 Find this comment inappropriate? Report it

Blue Lite Brigade I love the clip they always run when the subject of the blue light brigade - theres this joker in a dark suite running from a vehicle to a building carrying a large picnic hamper - has to be somebodies lunch time snack Government are a joke unto . .more themselves - pity they can't interpret the joke, and grow up. Reminiscent of Sam Njomo (sp) and Rob the farmers Mugabe with there motorised convoys . .less by gcr on February 22 2010, 10:53 Find this comment inappropriate? Report it

My 2 cents _ | | | | _ | | _ _ | | | | _ | | | | | | | | | . .more | | | . .less by JoeAverage on February 22 2010, 12:16 Find this comment inappropriate? Report it

Mugabe Zuma all the same Malema is not someone who displays much more brain power than a child and his tantrums are even more childlike. That the blacks have elected him to be in charge of everything sums up the intellegence of tha black mass voters. If you ask uneducated people . .more to vote and they are in the majority then expect an uneducated incapable corrupt crime ridden African mess. That is where South Africa is. . .less by London on February 22 2010, 12:17 Find this comment inappropriate? Report it

two nations in one country? Th ANC fought for "liberation" but loathe Liberals and liberal politics. They held a "Truth & Reconciliation Commission" to reveal the atrocities of the former Apartheid Govt but are condoning the violent abuse of the own citizens by the LAWLESS . .more blue light brigades. These VIP body guards are doing their political employers a great disservice by employing such outrageous bully-boy ZANU-PF tactics. The blue lighters need a character and lifestyle audit too. I hope Student Maxwele sues them for assault and abduction. They certainly did not allow any "debate" on the subject as our benign president allows to Malema when the ANCYL leader was disrespectful of govt policy. Two nations in one country. The ANC elite and the rest. I am very pleased to see UCT students mobilising to form a strong protest movement for freedom of expression in support of one their own. . .less by mayday on February 22 2010, 13:12 Find this comment inappropriate? Report it

Whats the height of impossibility????? Trying to insult Jacob Zuma. by rota roota on February 22 2010, 13:54 Find this comment inappropriate? Report it

SA 2020: the ANCYL Militia come knocking on your door to make sure you have a portrait of President Malema hanging in your lounge. Far fetched? Ex-Zambians/Ugandans etc can tell you that this really happened to them! by Dave on February 22 2010, 14:04 Find this comment inappropriate? Report it

Middle Finger For Hellen Zille Now that it's Ok I can't wait to give Hellen Zille the middle Finger next time I see her in public. Is swearing at a public offical in Public also OK? Can't wait to let her have a piece of my mind. by Whats good for the Goose on February 22 2010, 14:11 Find this comment inappropriate? Report it

Its amazing - they actually don't give a damn To the victor go the spoils. Julius' quotes in the Sunday Times confirms this. The blatant arrest by the blue light brigrade is scary as they really don't seem to care about the publicity nor whether the public protector (another misnomer) would be able . .more to punish them. . .less by Albie on February 22 2010, 14:34 Find this comment inappropriate? Report it

Facebook group :) http://www.facebook.com/group.php?gid=313425925879 Members growing fast !! by RietPiet on February 22 2010, 15:22 Find this comment inappropriate? Report it

Voting options Please include a raise-the-middle-finger option in the voting options of your poll. by balthy on February 22 2010, 15:23 Find this comment inappropriate? Report it

@Zille Hats off and thums up to Zille for banning the blue light brigade in the Western Cape, hope other provinces are mature enough to follow suit. by Koos on February 22 2010, 16:07 Find this comment inappropriate? Report it

What can you say! It defies all common sense that a democratic government would go to these lengths. Is Zuma our king perhaps? And we did not notice. But all these ANC fanaticals who vote just stupid loyalty to the korrupt (c) ANC are getting every bit of . .more everything they deserve from this, their own elected government. They will have no mercy from ANC, thus they should expect no empathy from me, not even just a slight sense of sympathy. Now, if ANC is treating its own card carrying members like this, just think what they would do to you if they found out that you are either an NP, DA, or worse IFP member!!! You get a government you deserve! Now suffer it. . .less by Potso on February 22 2010, 16:17 Find this comment inappropriate? Report it

My beloved Country Blind hatred on the one side and blind obedience on the other. Do South Africans ever intend to live together amicably and reach a reasonable compromise? by Dr Who on February 22 2010, 19:11 Find this comment inappropriate? Report it

@ Whats good for the Goose Helen has grace and self-esteem she doesn't need to travel in convoys of cowboys to boost her ego, unlike ANC politicians with their king-sized inferiority complexes. She has had to put up with the insults from the little inkwenkwe far more . .more disgraceful than the middle finger. . .less by Jeff on February 22 2010, 19:46 Find this comment inappropriate? Report it

ANC to the end The guy they locked up was an active ANC branch member. Not to worry, he will probably still blindly support the ANC after this, like most of his fellow travellers. by Fc on February 22 2010, 20:07 Find this comment inappropriate? Report it

blacks dumb f-uckers by piet on February 23 2010, 01:28 Find this comment inappropriate? Report it

Gestapo its the best thing that Zille has banned the blue light hoodlams as a result of this issue. we need more leaders like Zille in every colour creed and background. two middle fingers to Bob and his wailers by Rainman on February 23 2010, 08:26 Find this comment inappropriate? Report it

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